DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
031307P.pdf 01/04/2005 Phillip Ferrell v. West Bend Mutual
U.S. Court of Appeals Case No: 03-1307
and No: 03-2846
Western District of Arkansas
Civil case - Contracts. Defendant insurer has sufficient minimum
contacts with Arkansas to subject it to personal jurisdiction under
Arkansas's long-arm statute; tomato growers who had obtained a
judgment against the insured had a cause of action against defendant
insurer under Arkansas law; insurer's Wisconsin judgment holding it did
not have to defend or indemnify its insured did not bar this action, as
plaintiffs were not a party to the suit and the insured, which was bankrupt
and judgment-proof, had failed to defend the action; tomato growers'
losses were covered by the policy, as the growers sustained property
damage within the meaning of the policy; no error in awarding plaintiffs
attorneys' fees and interest.
[PUBLISHED] [Colloton, Author, with Riley and Hansen, Circuit Judges]